The Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 (Commencement No. 1) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force the provision of the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 (“the Act”) listed in the schedule on 28 June 2021. These provisions, and the matters they relate to, are:

• Section 1 – providing an overview of the Act,

• Section 2 – confirming the meaning of “redress scheme” in the Act,

• Section 3 – establishing “Redress Scotland”,

• Section 4 – confirming the status of Redress Scotland,

• Section 5 – introduces schedule 1, which confirms membership, staffing, procedures, powers and duties of Redress Scotland,

• Section 6 – making provision about the independence of Redress Scotland,

• Section 8 – making provision about the functions of Scottish Ministers in relation to the redress scheme,

• Section 10 – requiring the provision of administrative support from the Scottish Ministers to Redress Scotland,

• Section 11 – requiring the Scottish Ministers and Redress Scotland to co-operate with one another in exercising their functions in relation to the redress scheme,

• Section 12 – allowing the Scottish Ministers and Redress Scotland to share information in particular circumstances where it is necessary and does not breach data protection legislation,

• Section 13 – requiring the Scottish Ministers, Redress Scotland, scheme contributors and other relevant persons to have regard to the principles of dignity, respect and compassion when exercising their functions,

• Section 14 – requiring the Scottish Ministers to maintain a list of contributors to the redress scheme,

• Section 15 – requiring the Scottish Ministers to prepare and publish a statement of principles in relation to the contributor list,

• Section 16 – allowing the Scottish Ministers to retrospectively remove a scheme contributor from the contributor list,

• Section 17 – making provision about financial contributions by charities to the Scottish Ministers for the purpose of redress payments being made under the Act,

• Section 23 – making regulations about exceptions to eligibility under the redress scheme,

• Section 47 – making regulations about the form and content of any waiver,

• Section 78 – making regulations about or in connection with reconsiderations,

• Section 87 – making provision about the confidentiality of information and when relevant information must not be disclosed,

• Section 89 – allowing the Scottish Ministers to make arrangements about the provision of support, which is emotional, psychological or practical support, to persons in connection with an application,

• Section 90 – allowing the Scottish Ministers to make arrangements about the provision of support, which is emotional or psychological support, to certain persons in relation to the redress scheme,

• Section 91 – making regulations about the reimbursement of costs incurred in connection with applications,

• Section 94(3), (4), (5) and (6) – making regulations about fee payment requests made by solicitors, and about legal work undertaken which is or is not to be regarded as having been reasonably undertaken,

• Section 95(5) – making regulations about reviews by Redress Scotland of assessments of fee payment requests made by solicitors,

• Section 98 – making regulations about payments, other than redress payments, made in error,

• Section 102 – requiring the Scottish Ministers to establish and maintain a forum, known as the Survivor Forum,

• Section 103 – dissolving the National Confidential Forum provided for under the Mental Health (Care and Treatment) (Scotland) Act 2003,

• Section 106 – issuing guidance about the operation of the Act,

• Schedule 1 – making provision about membership, staffing, procedures and duties of Redress Scotland and modification of other Acts,

• Schedule 2 – making further provision in consequence of dissolution of the National Confidential Forum.

The Bill for the Act received Royal Assent on 23 April 2021. Sections 105 (interpretation), 107 (regulation-making powers), 108 (ancillary provision), 109 (commencement) and 110 (short title) came into force the following day.